Taumoepeau v R, Siaki v R [2020] NSWCCA 200

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Taumoepeau v R, Siaki v R [2020] NSWCCA 200 Hearing dates: 21 July 2020 Date of orders: 12 August 2020 Decision date: 12 August 2020 Before: Leeming JA at [1] Lonergan J at [2] Hidden AJ at [3] Decision: In the case of each applicant: 1. Extension of time to apply for leave to appeal is granted. 2. Leave to appeal is granted and the appeal is allowed. 3. The sentence in the District Court is quashed and in lieu thereof: 4. The applicant is sentenced to imprisonment for 10 years and 6 months, commencing on 23 December 2015 and expiring on 22 June 2026, with a non-parole period of 6 years and 6 months, expiring on 22 June 2022. 5. The applicant will be eligible for release to parole on 23 June 2022. Catchwords: CRIMINAL LAW – applications for leave to appeal against sentence – attempted possession of commercial quantity of unlawfully imported border controlled drug (cocaine) – early pleas of guilty – utilitarian value of the pleas not taken into account – applicants sentenced before decision in Xiao v R – error found, applicants resentenced Legislation Cited: Crimes Act 1914 (Cth), s 16A Criminal Code 1995 (Cth), ss 307.5(1), 11.1(1) Cases Cited: Bae v R [2020] NSWCCA 35 Cameron v The Queen (2002) 209 CLR 339, [2002] HCA 6 Huang v R [2018] NSWCCA 70, 272 A Crim R 266 Tyler v R [2007] NSWCCA 247, 173 A Crim R 458 Xiao v R (2018) 96 NSWLR 1, [2018] NSWCCA 4 Category: Principal judgment Parties: Siosaia Taumoepeau (Applicant) Siotame Siaka (Applicant) The Queen (Respondent) Representation: Counsel: Mr J Brock (Applicant Taumoepeau) Mr S Fraser (Applicant Siaki) Mr A McGrath (Crown)